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three officers referred to accordingly received compensation from the Government of Cuba at the rate of $200 per month (in addition to care and maintenance of the authorized and necessary mounts) up to and including April 12, 1910. On April 13, 1910, in accordance with the spirit of a proviso in the Military Academy bill, the officers referred to were directed by cable from the War Department not to receive any further compensation from the Cuban Government.

In doing this I may have acted too hastily. The Constitution meant to prevent officers of the United States from being brought under obligations to a foreign government by accepting offices, gifts, or benefits which might tend to weaken their loyalty to or put them in a position incompatible with their duty to our Government. As these officers are rendering to the Cuban Government services far in excess of the compensation paid, and were acting by the sanction of the Secretary of War, no such condition could be expected to exist.

The officers in question had a right to assume, acting, as they did, under the sanction of the Secretary of War, that there were no legal obstacles to their accepting the pay, and the responsibility for an unintentional violation of the law, if it has been violated, rests upon the Secretary of War, who acted in an emergency according to his best judgment, and without having the question now involved under consideration.

It would be unfortunate to be compelled under the existing conditions to recall these officers. It is manifest that they can not be required to perform this detail with a certainty that their expenses would exceed the pay allowed by this Government. If action of Congress shall be necessary, I recommend, in view of the relations existing between our country and Cuba and the request of that Government, that Congress either authorize the payment to those officers by this Government, in addition to their regular pay, of such an amount as the President may approve, or that consent be given that such an amount as the President may approve may be paid by the Cuban Government, and that in addition they shall be authorized to accept the use of mounts and their keep and such quarters as the Cuban Government may permit them to use. It is also recommended that similar provision be made for any officer who may be detailed for service in Panama.

One other officer in addition to those named above, viz, Major Henry A. Barber, U. S. Army, retired, is on duty in Cuba as United States military attaché, American legation, Habana. He is in no way attached to or on duty with the Cuban military forces, and is not now nor has he ever received compensation for his services in addition to that received from the United States Treasury.

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61ST CONGRESS, HOUSE OF REPRESENTATIVES. § DOCUMENT 2d Session. No. 878.

CONTINGENT EXPENSES, INDEPENDENT TREASURY.

LETTER

FROM

THE SECRETARY OF THE TREASURY,

SUBMITTING

A REVISED ESTIMATE OF APPROPRIATION FOR CONTINGENT EXPENSES, INDEPENDENT TREASURY.

APRIL 23, 1910.-Referred to the Committee on Appropriations and ordered to be

printed.

TREASURY DEPARTMENT,

OFFICE OF THE SECRETARY,
Washington, April 21, 1910.

SIR: I have the honor to recommend that the estimate submitted for contingent expenses, Independent Treasury, for the fiscal year ending June 30, 1911 (p. 395, Book of Estimates), be amended so as to read:

For contingent expenses under the requirements of section thirty-six hundred and fifty-three of the Revised Statutes of the United States, for the collection, safe-keeping, transfer, and disbursement of the public money, and for transportation of notes, bonds, and other securities of the United States; for salaries of special agents, and for actual expenses of examiners detailed to examine the books, accounts, and money on hand at the several subtreasuries and depositories, including national banks acting as depositories under the requirements of section thirty-six hundred and fortynine of the Revised Statutes of the United States, also including examinations of cash accounts at mints, two hundred and sixty thousand dollars.

The reason for this request is that the department is not satisfied with the present biennial examinations of the subtreasuries made under the limited annual appropriation of $3,000, which is insufficient to cover the more frequent examinations the department has in view in order to more thoroughly safeguard the public funds.

If the authority is granted to merge the appropriation for the examinations of the several assistant treasurers' offices in the appropriation for contingent expenses of the Independent Treasury, without increasing the amount therefor, as above indicated, the appropriation of

$3,000 carried by the legislative, etc., bill for the ensuing fiscal year, now pending in Congress, will be allowed to lapse and the amount. returned to the Treasury, and hereafter the specific estimate of $3,000 for the examinations referred to will be eliminated from the annual estimates.

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61ST CONGRESS, HOUSE OF REPRESENTATIVES. J DOCUMENT 2d Session.

MONUMENT TO GEN. JAMES SHIELDS.

LETTER

FROM

THE SECRETARY OF THE TREASURY,

TRANSMITTING

A COPY OF A COMMUNICATION FROM THE SECRETARY OF WAR SUBMITTING AN ESTIMATE OF APPROPRIATION FOR THE MONUMENT TO GEN. JAMES SHIELDS.

APRIL 23, 1910.-Referred to the Committee on Appropriations and ordered to be

printed.

TREASURY DEPARTMENT,

OFFICE OF THE SECRETARY,
Washington, April 22, 1910.

SIR: I have the honor to transmit herewith, for the consideration of Congress, copy of a communication from the Secretary of War, of this date, submitting an estimate of appropriation in the sum of $3,000 to enable the War Department to carry into effect the provision of private act No. 22, entitled "An act for the erection of a monument over the grave of Brigadier-General James Shields in Saint Mary's Cemetery, Carrollton, Missouri," approved March 15, 1910, but which made no appropriation therefor.

Respectfully,

FRANKLIN MACVEAGH, Secretary.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

WAR DEPARTMENT, Washington, April 22, 1910.

SIR: I have the honor to forward herewith for transmission to Congress a supplemental estimate of an appropriation of $3,000 required by the War Department for the service of the fiscal year ending June 30, 1911, for the erection of a suitable monument over the grave of Brig. Gen. James Shields in St. Mary's Cemetery, at Carrollton, Mo. The amount of this estimate is required to enable the department to comply with the provisions of the act of Congress approved March 15,

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